NT v PM

NT v PM

The majority of the allegations by both parties were not proved due to lack of corroborative evidence or credibility issues. The mother was found to have engaged in some emotional abuse (revenge porn, threats of suicide), and the father displayed some coercive and controlling behaviour. However, there was no...

Source-derived case information.

Parties
Applicant: N T; Respondent: P M
Jurisdiction
England and Wales
Judgment Date
26 September 2024
Procedural Posture
Family / Fact Finding Judgment
Outcome
Section 7 CAFCASS report ordered; majority of allegations not proved; no change to child's residence; no bar to father's contact subject to safeguarding.
Legal Topics
Child Arrangements, Domestic Abuse Allegations, Fact Finding Hearing, Parental Responsibility
Family Law Child Arrangements Domestic Abuse Allegations Fact Finding Hearing Parental Responsibility

Source-derived case record

Summary, issues, holding and outcome

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Parties

N T

Applicant

P M

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether allegations of abuse by either party are proved on the balance of probabilities
  2. 2 Whether the welfare of the child A is at risk based on the findings
  3. 3 Whether a section 7 CAFCASS report and psychological assessment are necessary

Ratio Decidendi

The majority of the allegations by both parties were not proved due to lack of corroborative evidence or credibility issues. The mother was found to have engaged in some emotional abuse (revenge porn, threats of suicide), and the father displayed some coercive and controlling behaviour. However, there was no evidence of significant risk to the child that would bar the father from contact, and the welfare concerns can be addressed by a section 7 CAFCASS report and possible psychological assessment of the mother.

Court Disposition

Section 7 CAFCASS report ordered; majority of allegations not proved; no change to child's residence; no bar to father's contact subject to safeguarding.

Orders

  • Section 7 report by CAFCASS to address psychological assessment of mother and welfare issues
  • No findings of significant abuse against either party